
If you have been injured in a road traffic accident that was not your fault, you may be entitled to compensation for your injuries and for what the accident has cost you. Marley Solicitors acts for drivers, passengers, cyclists, motorcyclists and pedestrians across the UK on a no win, no fee basis, including claims where the other driver was uninsured or drove off.
Most people we speak to have never made a claim before. They want to know three things: whether it is worth pursuing, what it will cost them, and how much of their time it will take. We will answer all three honestly in the first conversation, and if we do not think a claim will succeed, we will say so.
![]() | Reviewed by Lesley Anne Delaney, Principal Solicitor and Director, Marley Solicitors Lesley was admitted as a solicitor in March 2008 and has practised in personal injury and clinical negligence litigation ever since. She is a Director and Owner of Marley Solicitors Ltd, and serves as the firm’s Compliance Officer for Legal Practice (COLP) and Compliance Officer for Finance and Administration (COFA). SRA ID 422379 | Verify on the Law Society register | Marley Solicitors Ltd is authorised and regulated by the SRA (No. 648368) | Last reviewed: October 2026 |
Who can make a road traffic accident claim?
You can claim if another road user’s negligence caused your injury. That includes:
- drivers
- passengers in any vehicle, including a car driven by a friend or family member
- cyclists
- motorcyclists and moped riders
- pedestrians
- bus, coach and taxi passengers
- horse riders
Passengers are usually in a strong position. A passenger is rarely to blame for a collision, so the question tends to be which driver’s insurer pays rather than whether the claim succeeds.
The person responsible does not always have to be another driver. Claims can also arise from potholes and badly maintained roads, where the highway authority may be liable, and from vehicles with defects that should have been found and fixed.
Types of road traffic accident claims we handle
- Car and vehicle collisions – rear-end, junction and head-on collisions
- Cyclist and motorbike accidents – including car doors opened into your path and vehicles pulling out
- Pedestrian collisions – on pavements, in car parks and while crossing the road
- Zebra and pelican crossing accidents – where a driver failed to stop
- Multi-car pile-ups – where several drivers and insurers may share responsibility
- Side swipe collisions – often caused by lane changes and merging
- Single vehicle accidents – where a passenger was injured, or road conditions or another driver forced the vehicle off the road
- Whiplash – and other neck, back and soft tissue injuries
- Bus, coach and taxi accidents – including falls on board caused by harsh braking
- Uninsured and hit-and-run drivers – claimed through the Motor Insurers’ Bureau
Where an injury is life-changing, our serious injury team works on the claim alongside rehabilitation and interim payments.
Road traffic accidents in Great Britain – the current picture
The Department for Transport publishes official figures each year, based on collisions reported to the police. Its final statistics for 2025, published on 30 July 2026, show:
- 1,538 people were killed on Britain’s roads, 4% fewer than in 2024
- 29,918 people were killed or seriously injured, an increase of 4% on the previous year
- 127,883 casualties of all severities, broadly unchanged from 2024
- motorcyclists accounted for 25% of road deaths while making up just 1% of road traffic
Two things stand out. Fewer people are being killed, but more people are being seriously hurt, and pedestrians, cyclists and motorcyclists continue to account for a far larger share of deaths and serious injuries than their share of traffic. And because these are police-reported figures, they understate the true picture. Many collisions where someone is injured are never reported to the police, and those people are still entitled to claim.
Proving the other driver was at fault
To succeed, we need to show that the other road user failed to take reasonable care, and that this caused your injury. The Highway Code sits at the centre of most road traffic claims. Breaking one of its rules is not automatically negligence, but the courts use it to judge what a careful road user would have done.
Since January 2022 the Highway Code has included a hierarchy of road users, placing the greatest responsibility on those who can do the greatest harm. Among other things, drivers should give way to pedestrians crossing or waiting to cross at a junction, and give cyclists more room when overtaking. These changes have strengthened the position of pedestrians and cyclists in many claims.
The evidence that helps most is usually gathered in the first few days:
- the other driver’s name, registration number and insurance details
- a police incident or crime reference number, if the police were involved
- dashcam footage, and details of any CCTV nearby, which is often recorded over within weeks
- photographs of the vehicles, the scene, road markings and your injuries
- names and contact details of witnesses
- receipts for expenses and a note of time off work
Do not worry if you do not have all of this. We can request police reports, approach witnesses and trace insurers on your behalf.
If you were partly to blame
You can still claim. Where both sides contributed to an accident, compensation is reduced to reflect your share of the responsibility. This is called contributory negligence. Not wearing a seatbelt is the most common example: courts usually reduce compensation by 25% where a seatbelt would have prevented the injury altogether, and by 15% where it would have made the injury less severe.
Whiplash claims and the Official Injury Claim service
Since 31 May 2021, most claims by adult drivers and passengers in England and Wales where the injury is valued at £5,000 or less go through a government online service called Official Injury Claim. Whiplash injuries lasting up to two years are compensated using a fixed tariff set by regulations, rather than by negotiation, with a slightly higher figure where there is also a minor psychological injury such as travel anxiety. The tariff was increased by around 15% for accidents on or after 31 May 2025.
These rules do not apply to pedestrians, cyclists, motorcyclists or horse riders, to children, or to injuries worth more than £5,000. Where you have other injuries alongside whiplash, those are valued in the usual way and combined with the tariff figure, with an adjustment so that overlapping symptoms are not paid for twice.
Lower value claims also carry very limited recovery of legal costs from the other side. We will tell you at the outset whether your claim falls under these rules and what that means for you in practice.
Uninsured drivers and hit-and-run accidents
If the driver who hit you had no insurance, or drove off without being identified, you can still claim. The Motor Insurers’ Bureau (MIB), funded by contributions from motor insurers, compensates people injured by uninsured and untraced drivers under agreements with the government. We handle these claims in the same way as any other.
In a hit-and-run, report the accident to the police as soon as possible, and within 14 days wherever you can. Keep the crime or incident reference number, because the MIB will ask for it and can refuse a claim that was not reported. An application to the MIB for an injury caused by an untraced driver normally has to be made within three years of the accident.
How much compensation could you receive?
Compensation is made up of two parts.
General damages cover the injury itself, including pain, suffering and the effect on your day-to-day life. Most injuries are valued against the Judicial College Guidelines, which set brackets by injury type and severity and were updated in their 18th edition in April 2026. Whiplash injuries lasting up to two years in claims within the Official Injury Claim rules are valued using the fixed tariff instead.
Special damages cover your financial losses, both those already incurred and those expected in future:
- loss of earnings, including future loss where you cannot return to the same work
- physiotherapy, counselling and other treatment
- care and help at home, whether paid for or provided by family
- travel to medical appointments
- vehicle repairs or the value of a written-off vehicle, recovery and storage charges
- replacement vehicle hire while yours is off the road
- your insurance policy excess
- damaged belongings such as phones, clothing, helmets and child seats
Every case turns on its own facts. We value your claim using an independent medical report, sourced through MedCo where the rules require it, so that the figure reflects how long your symptoms are likely to last and not only how you feel today.
How to start a road traffic accident claim
- Free initial consultation. Tell us what happened. There is no cost and no obligation to go further.
- We assess the claim. We give you an honest view of whether it is likely to succeed, and say so plainly if we think it is not.
- We notify the other side’s insurer. We send the details of your claim to the insurer of the driver responsible, or to the MIB where the driver was uninsured or untraced.
- The insurer responds on liability. The court’s pre-action rules give the insurer a set period to investigate and say whether it accepts responsibility.
- Independent medical assessment. Arranged and paid for by us, to establish the extent of your injury and how long it is likely to last.
- Negotiation and settlement. Most claims resolve at this stage. Court proceedings are a last resort.
Where liability is admitted, we ask the insurer to fund treatment such as physiotherapy early, under the industry Rehabilitation Code, so you are not waiting for the claim to finish before you can start getting better.
How long does a road traffic accident claim take?
It depends mainly on whether the other side admits fault and on how quickly you recover. Straightforward claims where liability is accepted early and symptoms settle within a few months often conclude within six months to a year. Claims involving disputed liability, more serious injuries or ongoing symptoms take longer.
We will not push you to settle before your prognosis is clear. Once a claim is settled it cannot be reopened, so accepting an early offer before you know how your injury will develop risks leaving you short.
Will I have to go to court?
Very unlikely. The overwhelming majority of road traffic claims settle through negotiation with the insurer. Issuing proceedings is sometimes necessary, usually to protect the time limit or where an insurer will not engage, and even then most cases settle before any hearing. If yours were one of the rare cases to reach a hearing, we would prepare you thoroughly and represent you throughout.
Time limits for making a claim
In most cases you have three years to bring a road traffic accident injury claim. That period runs from the date of the accident, or from the date you first knew your injury was caused by it, if later.
There are exceptions:
- Children – the three years do not begin until their 18th birthday, so a claim can be brought up to their 21st
- People who lack mental capacity – no time limit runs while they lack capacity
- Fatal accidents – three years from the date of death, or from the date the family learned someone else was responsible
- Hit-and-run accidents – the accident should be reported to the police within 14 days wherever possible, as well as meeting the three-year limit
- Vehicle damage only – where there is no injury, a claim for damage to property can usually be brought within six years
Even where you have time, evidence such as CCTV, dashcam footage and witness memories fades quickly. The earlier you contact us, the stronger your claim is likely to be.
Claiming on behalf of someone else
For a child. A parent or guardian brings the claim as litigation friend. Any settlement has to be approved by a court, which exists to protect the child’s interests, and the money is usually held until they turn 18.
For an adult who lacks capacity. A family member, deputy or attorney can act as litigation friend and bring the claim on their behalf.
After a death. The estate can claim for what the person suffered before they died, and dependants can claim for their own losses, including loss of financial support and funeral costs. Certain close relatives may also be entitled to a statutory bereavement award. Families coming to us after a fatal collision are usually looking for answers first, and we work accordingly, including through any inquest or criminal proceedings against the driver.
No win, no fee explained
We handle road traffic accident claims under a conditional fee agreement. If your claim does not succeed, you pay us nothing. If it succeeds, a success fee is deducted from your compensation, capped as a percentage of your damages. We set out the cap, and what it means for you in pounds, in writing before you sign anything.
Some claims need medical reports, police reports or court fees paid as the case runs. We explain how those costs are covered, including after the event insurance where it applies, at the outset rather than later.
Why choose Marley Solicitors?
- No win, no fee. No upfront cost, and nothing to pay if the claim does not succeed.
- An honest view early. We tell you if we think a claim will not succeed rather than running up costs on a case that is going nowhere.
- One named person, start to finish. Your claim is handled by a named member of our team, under solicitor supervision, who you can contact directly. Many of our road traffic clients mention Yasmin by name in their reviews.
- We come to you. If your injuries make travelling difficult, we can visit you at home or in hospital.
- Treatment first. Where liability is admitted, we push for rehabilitation to be funded early rather than at the end of the claim.
- Uninsured and hit-and-run claims. We deal with the Motor Insurers’ Bureau as a matter of routine.
Real results
“I came in expecting to get a couple grand in injuries from a car crash and I left with £18,750. Absolutely brilliant service and I could not be more ecstatic about the results.”
James | Car accident claim
“A big thank you to Marley solicitors who helped and guided me through my insurance claim following a motorbike accident, Yasmin was very helpful throughout the process and negotiated a settlement figure which I was very happy with.”
Gary | Motorbike accident claim
Road traffic accident claim FAQs
Do I need to have reported the accident to the police?
Not for most claims. If the other driver stopped and you exchanged details, a claim can go ahead without a police report. Drivers are legally required to report a collision involving injury to the police within 24 hours if details were not exchanged at the scene.
The exception is a hit-and-run. A claim through the Motor Insurers’ Bureau normally depends on the accident having been reported to the police, ideally within 14 days.
Can I claim against a friend or family member who was driving?
Yes. The claim is made against the driver’s insurance, and it is the insurer that deals with it and pays any compensation, not the driver personally. This is one of the most common situations we see, and people are often relieved to learn that claiming does not mean taking money from someone they know.
What if I was not wearing a seatbelt?
You can still claim. Your compensation may be reduced if wearing a seatbelt would have prevented or lessened your injuries, usually by 25% where the injury would have been avoided altogether and by 15% where it would have been less severe. If a seatbelt would have made no difference to your injuries, there should be no reduction.
Can I claim if I was cycling without a helmet?
Yes. There is no legal requirement for cyclists to wear a helmet in the UK. An insurer may argue that compensation should be reduced, but it has to prove that a helmet would actually have reduced your injuries. For many injuries, such as broken limbs, a helmet is irrelevant.
What if the other driver says the accident was my fault?
Disputes about fault are common and do not mean your claim will fail. We gather the independent evidence, including witness accounts, footage, police reports and the damage to the vehicles, and assess it against the Highway Code. Where both drivers contributed, liability can be shared, and you can still recover compensation for the other driver’s share.
Can I claim if the other driver was uninsured or drove off?
Yes. The Motor Insurers’ Bureau compensates people injured by uninsured and untraced drivers. In a hit-and-run, report the accident to the police as soon as possible and keep the reference number, because the claim normally depends on it.
Will making a claim increase my insurance premium?
Where the accident was not your fault and your losses are recovered from the other driver’s insurer, the claim should not count against your no-claims discount. You must still tell your own insurer about the accident, and each insurer sets its own premiums, so we cannot promise there will be no effect at all at renewal.
Do I have to use the solicitor my insurer recommends?
No. You are free to choose your own solicitor. If you want to use legal expenses cover in your motor policy, the insurer may have rules about which firms it will fund, but you can always instruct us directly on a no win, no fee basis instead.
What is the time limit for a road traffic accident claim?
In most cases you have three years from the date of the accident. For children, the three years do not start until their 18th birthday, and there is no time limit while someone lacks mental capacity. Hit-and-run accidents also need to be reported to the police, ideally within 14 days.
Do you offer no win no fee road traffic accident claims?
Yes. We handle road traffic accident claims on a no win, no fee basis. There are no upfront legal fees, and if the claim does not succeed you owe us nothing.
Car accident compensation calculator
A calculator gives you a rough indication only, and it cannot account for lost earnings, ongoing symptoms or the long-term effect of an injury. We will give you a more accurate assessment, free of charge, once we know more about your injuries.
Speak to a road traffic accident solicitor
Tell us what happened and we will tell you where you stand. The first conversation is free, there is no obligation, and we will give you an honest view rather than an encouraging one.
Call us: 01772 282600
Email: lesley@marleysolicitors.co.uk / yasmin@marleysolicitors.co.uk
Or complete our online enquiry form and we will call you back.
Sources
Department for Transport, Reported road casualties Great Britain, final results: 2025 (published 30 July 2026)
The Highway Code
Whiplash Injury Regulations 2021, as amended by the Whiplash Injury (Amendment) Regulations 2025
Official Injury Claim
Motor Insurers’ Bureau
Limitation Act 1980
Fatal Accidents Act 1976
Froom v Butcher [1976] QB 286 (seatbelt reductions)
Judicial College, Guidelines for the Assessment of General Damages in Personal Injury Cases, 18th edition (April 2026)
Page reviewed by Lesley Anne Delaney, Principal Solicitor and Director, Marley Solicitors – October 2026. Next review: when the Department for Transport publishes its 2026 road casualty statistics, or when the whiplash tariff is next reviewed.



